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Hawaii Revised Statutes

Haw. Rev. Stat. § 271-1 (2026)

  Declaration of policy

✓ current as of July 2026
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     §271-1  Declaration of policy.  The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, over the public highways of this State constitutes a business affected with the public interest.  It is intended by this chapter to provide for fair and impartial regulation of such transportation in the interest of preserving for the public the full benefit and use of the highways consistent with the public safety and the needs of commerce; to promote safe, adequate, economical, and efficient service and foster sound economic conditions in transportation and among the several carriers, to encourage the establishment and maintenance of reasonable rates and charges for transportation and related accessorial service, without unjust discrimination, undue preference or advantage, or unfair or destructive competitive practices.  This chapter shall be administered and enforced with a view to carrying out the above declaration of policy. [L 1961, c 121, pt of §2; Supp, §106C-1; HRS §271-1]

 

Case Notes

 

  Public utilities commission adequately addressed the public policy considerations of this section, including any damage sustained by intervenor motor carriers or the public by virtue of bankrupt carrier not having utilized its certificate for several months, where, based upon evidence adduced, commission concluded that carriers that conducted operations during interruption of bankrupt carrier's service did not unfairly suffer adverse effects detrimental to the provision of adequate transportation services to the public.  93 H. 45, 995 P.2d 776 (2000).

  Where the public utilities commission acted within its prerogatives in treating bankrupt carrier's application as a request to permit other carriers to continue bankrupt carrier's existing service, and in doing so considered the public interest factors required under §271-18 and this section, §271-12 and the new service doctrine were inapposite to the case.  93 H. 45, 995 P.2d 776 (2000).

 

 

Notes of Decisions
Cited in 2 cases, 2000–2006 · leading case: In Re Gray Line Hawai'i, Ltd., 995 P.2d 776 (Haw. 2000).
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In Re Gray Line Hawai'i, Ltd., 995 P.2d 776 (Haw. 2000). · cites it 14× “Whether the proposed transfer is consistent with the public interest and transportation policy of the State of Ha-wai[‘]i and will foster sound economic conditions in transportation among the several carriers as set forth in the declaration of policy in HRS § 271-1[, see supra…”
Jack's Tours, Inc. v. Kilauea Military Camp, 145 P.3d 693 (Haw. 2006). · cites it 3× “HRS § 271-1, entitled "Declaration of policy,” provides: The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, over the public highways of this State constitutes a business affected with the public…”
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